Ridley Agriproducts Pty Ltd

[2025] FWCA 1621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridley Agriproducts Pty Ltd

(AG2025/1391)

RIDLEY AGRIPRODUCTS - TOOWOOMBA - ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 15 MAY 2025

Application for approval of the Ridley AgriProducts - Toowoomba - Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Ridley AgriProducts - Toowoomba - Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ridley Agriproducts Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Agreement title on the Notice of Employee Representational Rights was listed as ‘Ridley AgriProducts Pty Ltd – Toowoomba – Enterprise Agreement 2025.’ The title of the Agreement voted up by employees and contained in title clause 1 is ‘Ridley AgriProducts - Toowoomba – Enterprise Agreement 2025.’ I am content to consider this a minor and technical error pursuant to s.188(5) of the Act, and disregard it.

Noting the above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ridley Agriproducts Pty Ltd, sought approval of the proposed Enterprise Agreement 2025 between the company and the employees represented by the National Union of Workers. The primary dispute revolved around the terms of the agreement, specifically concerning the provisions related to employee remuneration and working conditions. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions for the employees.

The central legal issues before the Commission included whether the proposed agreement provided for a safety net of minimum wages and conditions, whether it allowed for flexible working arrangements, and if the agreement provided for fair and reasonable terms and conditions. Additionally, the Commission needed to ensure that the agreement was free from any provisions that would undermine the rights of employees to be represented by a union of their choice. The Commission considered submissions from both parties, including evidence regarding the bargaining process and the impact of the agreement on the employees.

After reviewing the evidence and submissions, the Commission found that the proposed agreement provided for fair and reasonable terms and conditions for the employees. The agreement included provisions for a safety net of minimum wages and conditions, as well as provisions for flexible working arrangements. The Commission also found that the agreement did not undermine the rights of employees to be represented by a union of their choice. Consequently, the Commission approved the proposed agreement under section 234 of the Fair Work Act 2009. The final orders included the approval of the Enterprise Agreement 2025 between Ridley Agriproducts Pty Ltd and the employees represented by the National Union of Workers, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established